Text of MD HB 93 (2025)
Housing and Community Development - Homeless Shelter Certification Program - Establishment
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As introduced
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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0093*
HOUSE BILL 93
C9
5lr0136
SB 1107/24 – EEE
(PRE–FILED)
CF SB 234
By: Chair, Environment and Transportation Committee (By Request –
Departmental – Housing and Community Development)
Requested: October 4, 2024
Introduced and read first time: January 8, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning
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Housing and Community Development – Homeless Shelter Certification
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Program – Establishment
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FOR the purpose of establishing a homeless shelter certification program in the
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Department of Housing and Community Development; requiring the Department to
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develop certain operational and building standards for homeless shelters and
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minimum standards for the protection of the rights of shelter residents; requiring
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the operator of a homeless shelter to participate in a certain Homeless Management
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Information System; and generally relating to the certification of homeless shelters.
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BY adding to
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Article – Housing and Community Development
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Section 6–1401 through 6–1408 to be under the new subtitle “Subtitle 14. Homeless
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Shelter Certification Program”
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Annotated Code of Maryland
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(2019 Replacement Volume and 2024 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
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That the Laws of Maryland read as follows:
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Article – Housing and Community Development
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SUBTITLE 14. HOMELESS SHELTER CERTIFICATION PROGRAM.
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6–1401.
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(A)
IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
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INDICATED.
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HOUSE BILL 93
(B)
“CENTRALIZED OR COORDINATED ASSESSMENT SYSTEM” MEANS A
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CENTRALIZED OR COORDINATED PROCESS, OPERATED BY A CONTINUUM OF CARE,
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DESIGNED TO COORDINATE PROGRAM PARTICIPANT INTAKE ASSESSMENT AND
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PROVISION OF REFERRALS.
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(C)
“CERTIFICATION” MEANS A HOMELESS SHELTER CERTIFICATION
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ISSUED BY THE DEPARTMENT UNDER THIS SUBTITLE.
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(D)
“CONTINUUM OF CARE” MEANS A REGIONAL OR LOCAL PLANNING BODY
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THAT COORDINATES HOUSING AND SERVICES FUNDING FOR HOMELESS FAMILIES
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AND INDIVIDUALS.
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(E)
“GENDER IDENTITY” MEANS THE GENDER WITH WHICH AN INDIVIDUAL
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IDENTIFIES, REGARDLESS OF THE GENDER ASSIGNED TO THAT INDIVIDUAL AT
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BIRTH OR IDENTIFIED IN DOCUMENTS.
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(F)
“HOMELESS INDIVIDUAL” HAS THE MEANING STATED IN 24 U.S.C. §
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11302.
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(G)
“HOMELESS MANAGEMENT INFORMATION SYSTEM” MEANS THE
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INFORMATION SYSTEM DESIGNATED BY A CONTINUUM OF CARE TO COMPLY WITH
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THE RELEVANT REQUIREMENTS PRESCRIBED BY THE U.S. DEPARTMENT OF
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HOUSING AND URBAN DEVELOPMENT.
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(H)
(1)
“HOMELESS SHELTER” MEANS A FACILITY THAT IS OPERATED
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FOR THE PRIMARY PURPOSE OF PROVIDING TEMPORARY OVERNIGHT SLEEPING
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ACCOMMODATIONS, MEALS, BASIC NEEDS ASSISTANCE, AND SUPPORTIVE SERVICES
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FOR CASE MANAGEMENT AND HOUSING NAVIGATION TO HOMELESS INDIVIDUALS.
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(2)
“HOMELESS SHELTER” INCLUDES FACILITIES THAT UTILIZE
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HOTELS OR MOTELS FOR SLEEPING ACCOMMODATIONS.
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(3)
“HOMELESS SHELTER” DOES NOT INCLUDE:
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(I)
A SHELTER CREATED OR AUTHORIZED BY A STATE OR
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LOCAL GOVERNMENTAL ENTITY TO RESPOND TO A DISASTER OR OTHER
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LARGE–SCALE EMERGENCY SHELTER NEEDS; OR
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(II)
A FACILITY OR PROGRAM WHERE THE PARTICIPANT SIGNS
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A LEASE OR LEGAL AGREEMENT FOR A RENTAL UNIT OR PAYS RENT FOR THE USE OF
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THE FACILITY.
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HOUSE BILL 93
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(I)
“SEXUAL
ORIENTATION”
MEANS
AN
INDIVIDUAL’S
EMOTIONAL,
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ROMANTIC, OR PHYSICAL ATTRACTION TO A PARTICULAR SEX OR GENDER.
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(J)
“SHELTER RESIDENT” MEANS AN INDIVIDUAL WHO HAS COMPLETED
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INTAKE PROCEDURES AND IS OR WILL BE RESIDING AT A HOMELESS SHELTER.
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6–1402.
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(A)
THE DEPARTMENT SHALL OPERATE A CERTIFICATION PROGRAM FOR
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HOMELESS SHELTERS.
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(B)
A BUILDING MAY NOT BE USED AS A HOMELESS SHELTER UNLESS THE
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OWNER AND ANY OPERATOR HAVE BEEN CERTIFIED IN ACCORDANCE WITH THIS
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SUBTITLE.
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(C)
AN OWNER AND ANY OPERATOR OF A HOMELESS SHELTER SHALL APPLY
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TO THE DEPARTMENT FOR A CERTIFICATION TO USE A BUILDING AS A HOMELESS
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SHELTER ON A FORM THAT THE DEPARTMENT PROVIDES.
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(D)
ON REQUEST OF THE DEPARTMENT, A CERTIFICATION HOLDER SHALL
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ALLOW THE DEPARTMENT IMMEDIATE ACCESS TO INSPECT THE PREMISES AND
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INTERIOR OF A BUILDING USED AS A HOMELESS SHELTER, BOTH FOR ROUTINE
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MONITORING AND UNSCHEDULED INSPECTIONS.
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(E)
CERTIFICATION HOLDERS ARE SUBJECT TO A RECERTIFICATION
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PROCESS EVERY 2 YEARS, IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE
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DEPARTMENT.
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6–1403.
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AN APPLICATION FOR A CERTIFICATION SHALL INCLUDE:
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(1)
A DEMONSTRATION OF ADHERENCE BY THE OWNER AND ANY
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OPERATOR OF THE HOMELESS SHELTER TO THE OPERATIONAL AND BUILDING
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STANDARDS ADOPTED BY THE DEPARTMENT UNDER § 6–1404 OF THIS SUBTITLE;
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AND
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(2)
ANY OTHER DOCUMENTATION OR INFORMATION REQUIRED BY
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THE DEPARTMENT IN REGULATION.
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6–1404.
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HOUSE BILL 93
(A)
THE DEPARTMENT SHALL ESTABLISH BY REGULATION A TIERED
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SYSTEM FOR HOMELESS SHELTER CERTIFICATIONS BASED ON:
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(1)
THE NUMBER OF INDIVIDUALS BEING SERVED BY THE SHELTER;
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(2)
THE TYPE AND DURATION OF SHELTER PROVIDED; AND
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(3)
THE TYPE AND INTENSITY OF SERVICES PROVIDED.
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(B)
THE DEPARTMENT SHALL ADOPT REGULATIONS TO ESTABLISH
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OPERATIONAL STANDARDS AND MINIMUM REQUIREMENTS FOR EACH HOMELESS
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SHELTER CERTIFICATION CLASS THAT MAY INCLUDE:
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(1)
ORGANIZATIONAL,
INCORPORATION,
AND
GOVERNANCE
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DOCUMENTS;
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(2)
FISCAL, ADMINISTRATIVE, AND LEGAL DOCUMENTS;
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(3)
STAFFING REQUIREMENTS;
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(4)
PROCEDURES FOR SCREENING AND TRAINING STAFF AND
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VOLUNTEERS;
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(5)
SHELTER RESIDENT INFORMATION COLLECTION AND TRACKING;
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(6)
ADMISSIONS,
DISCHARGE,
AND
GRIEVANCE
POLICIES
AND
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PROCEDURES;
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(7)
PROTECTION OF THE RIGHTS OF SHELTER RESIDENTS;
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(8)
PROTECTION
OF
SHELTER
RESIDENT
PRIVACY
AND
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CONFIDENTIALITY;
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(9)
PROTECTIONS AND SAFETY PROTOCOLS FOR INDIVIDUALS WHO
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ARE SURVIVORS OF:
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(I)
DOMESTIC VIOLENCE;
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(II)
DATING VIOLENCE;
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(III) SEXUAL ASSAULT; OR
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(IV)
STALKING;
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HOUSE BILL 93
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(10) ACCESS TO SUPPORTIVE SERVICES;
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(11) VISITATION BY GUESTS AND EXTERNAL SERVICE PROVIDERS;
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(12) RULES AND REGULATIONS THAT RESIDENTS MUST COMPLY WITH;
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(13) EMERGENCY PROCEDURES;
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(14) HEALTH AND SAFETY POLICIES AND PROCEDURES;
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(15) NONDISCRIMINATION POLICIES AND PROCEDURES;
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(16) THE MINIMUM SQUARE FOOTAGE PER BED;
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(17) ACCESS TO SECURE STORAGE;
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(18) FIRE PREVENTION MEASURES;
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(19) HEATING AND COOLING SYSTEMS;
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(20) STRUCTURAL MATERIAL AND BUILDING REQUIREMENTS;
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(21) ACCESSIBILITY FOR DISABLED INDIVIDUALS;
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(22) SANITARY AND PERSONAL HYGIENE FACILITIES;
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(23) WATER SUPPLY;
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(24) ILLUMINATION AND ELECTRICITY SYSTEMS;
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(25) FOOD PREPARATION FACILITIES AND AREAS;
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(26) LEAD–BASED PAINT AND ASBESTOS;
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(27) PROVISIONS FOR:
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(I)
PREGNANT INDIVIDUALS;
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(II)
NURSING INDIVIDUALS;
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(III) INFANTS; AND
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HOUSE BILL 93
(IV)
CHILDREN;
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(28) COMPLIANCE
WITH
LOCAL
BUILDING
AND
PROPERTY
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MAINTENANCE CODES, WHERE APPLICABLE;
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(29) COMPLIANCE WITH:
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(I)
THE FEDERAL AMERICANS WITH DISABILITIES ACT;
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(II)
THE FEDERAL FAIR HOUSING ACT; AND
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(III) OTHER APPLICABLE FEDERAL LAWS; AND
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(30) LIABILITY INSURANCE COVERAGE.
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(C)
THE DEPARTMENT SHALL DEVELOP AND PUBLISH A SHELTER
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RESIDENT BILL OF RIGHTS ESTABLISHING MINIMUM STANDARDS FOR THE
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PROTECTION OF THE RIGHTS OF SHELTER RESIDENTS.
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(D)
THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A GRIEVANCE
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PROCESS FOR HOMELESS INDIVIDUALS AND SHELTER RESIDENTS TO NOTIFY THE
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DEPARTMENT OF ALLEGED VIOLATIONS OF THIS SUBTITLE OR REGULATIONS
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ESTABLISHED UNDER THIS SUBTITLE.
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(E)
THE DEPARTMENT MAY:
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(1)
DEVELOP
TRAININGS
AND
TECHNICAL
ASSISTANCE
FOR
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HOMELESS SHELTERS ON OPERATIONAL STANDARDS DEVELOPED UNDER THIS
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SUBTITLE; AND
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(2)
REQUIRE ORGANIZATIONS THAT OWN AND OPERATE HOMELESS
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SHELTERS TO COMPLETE TRAININGS.
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6–1405.
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(A)
AN OPERATOR OF A HOMELESS SHELTER SHALL PARTICIPATE IN THE
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HOMELESS MANAGEMENT INFORMATION SYSTEM OPERATED BY THE LOCAL
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CONTINUUM OF CARE.
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(B)
AN OPERATOR OF A HOMELESS SHELTER SHALL ENTER SHELTER
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RESIDENT INTAKE AND EXIT ASSESSMENTS INTO THE HOMELESS MANAGEMENT
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INFORMATION SYSTEM FOR EACH RESIDENT WHO CONSENTS TO SHARE THIS
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INFORMATION.
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HOUSE BILL 93
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(C)
AN OPERATOR OF A HOMELESS SHELTER SHALL PARTICIPATE IN THE
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CENTRALIZED
OR
COORDINATED
ASSESSMENT
SYSTEM
OPERATED
AND
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ADMINISTERED BY THE LOCAL CONTINUUM OF CARE.
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(D)
AN OPERATOR OF A HOMELESS SHELTER MAY NOT DENY ADMISSION OR
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SERVICES TO ANY HOMELESS INDIVIDUAL BECAUSE OF THE INDIVIDUAL’S:
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(1)
RACE;
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(2)
COLOR;
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(3)
RELIGION;
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(4)
NATIONAL ORIGIN;
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(5)
SEX;
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(6)
DISABILITY STATUS;
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(7)
MARITAL STATUS;
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(8)
FAMILIAL STATUS;
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(9)
SEXUAL ORIENTATION;
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(10) GENDER IDENTITY;
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(11) AGE;
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(12) CRIMINAL HISTORY, EXCEPT AN INDIVIDUAL CONVICTED OF A
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SEXUAL OFFENSE;
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(13) CURRENT OR PAST USE OF ALCOHOL OR ILLEGAL DRUGS, EXCEPT
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AN INDIVIDUAL ASSESSED BY SHELTER STAFF AS A THREAT TO THE HEALTH,
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SAFETY, OR PROPERTY OF OTHERS; OR
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(14) LACK OF VALID IDENTIFICATION.
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6–1406.
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(A)
FOR CAUSE, THE DEPARTMENT MAY DENY, SUSPEND, OR REVOKE A
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HOMELESS SHELTER CERTIFICATION ISSUED UNDER THIS SUBTITLE.
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HOUSE BILL 93
(B)
GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION INCLUDE:
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(1)
VIOLATION OF THIS SUBTITLE;
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(2)
VIOLATION OF A REGULATION ADOPTED UNDER THIS SUBTITLE;
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(3)
MISREPRESENTATION TO THE DEPARTMENT; AND
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(4)
SUBMISSION OF A FALSE STATEMENT ON A CERTIFICATION
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APPLICATION.
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(C)
THE DEPARTMENT SHALL SET FORTH IN WRITING ITS REASONS FOR
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DENIAL, SUSPENSION, OR REVOCATION.
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(D)
TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE GOVERNS
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THE APPEAL OF A DENIAL, REVOCATION, OR SUSPENSION.
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6–1407.
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(A)
THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT THIS
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SUBTITLE.
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(B)
HOMELESS SHELTERS SHALL HAVE NOT LESS THAN 12 MONTHS FROM
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THE DATE REGULATIONS ARE ADOPTED UNDER THIS SUBTITLE TO COMPLY WITH
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THE REGULATIONS.
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(C)
THE SECRETARY, OR THE SECRETARY’S DESIGNEE, MAY ALLOW
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EXTENSIONS OF THE DEADLINE FOR A HOMELESS SHELTER TO COMPLY WITH THE
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REQUIREMENTS OF THIS SUBTITLE OR REGULATIONS ADOPTED UNDER THIS
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SUBTITLE ON A CASE–BY–CASE BASIS:
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(1)
FOR GOOD CAUSE; AND
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(2)
IF THE DEPARTMENT HAS RECEIVED EVIDENCE THAT THE
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HOMELESS SHELTER IS ENGAGED IN A CORRECTIVE ACTION PLAN AND MAKING
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ADEQUATE PROGRESS IN ADDRESSING NONCOMPLIANCE.
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6–1408.
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(A)
IN ADDITION TO THE PENALTIES PROVIDED IN § 6–1406 OF THIS
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SUBTITLE, A PERSON THAT OPERATES A HOMELESS SHELTER WITHOUT A
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CERTIFICATION OR IN VIOLATION OF REGULATIONS ADOPTED UNDER THIS
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HOUSE BILL 93
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SUBTITLE IS SUBJECT TO AN ADMINISTRATIVE PENALTY NOT TO EXCEED $10,000
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FOR EACH VIOLATION.
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(B)
IN SETTING THE AMOUNT OF AN ADMINISTRATIVE PENALTY UNDER THIS
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SECTION, THE DEPARTMENT SHALL CONSIDER FACTORS INCLUDING THE NATURE,
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NUMBER, AND SERIOUSNESS OF THE VIOLATIONS.
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(C)
IF AN ADMINISTRATIVE PENALTY IS IMPOSED UNDER THIS SECTION,
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THE DEPARTMENT SHALL ISSUE AN ORDER THAT STATES:
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(1)
THE BASIS ON WHICH THE ORDER IS MADE;
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(2)
THE AMOUNT OF THE ADMINISTRATIVE PENALTY IMPOSED; AND
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(3)
THE MANNER IN WHICH THE AMOUNT OF THE PENALTY WAS
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CALCULATED.
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(D)
A PERSON SUBJECT TO AN ORDER IMPOSING AN ADMINISTRATIVE
12
PENALTY UNDER THIS SECTION SHALL HAVE THE RIGHT TO APPEAL THE ORDER IN
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ACCORDANCE WITH TITLE 10, SUBTITLE 5 OF THE STATE GOVERNMENT ARTICLE.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
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1, 2025.
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